You have received a job offer. The package is good. But buried in the contract — usually towards the end, in a section labelled "Restrictive Covenants" — is a clause that says you cannot work for a competitor for twelve months after leaving. Perhaps it says two years. Perhaps it says you cannot work in your industry at all.
This is a non-compete clause. It is also, in many cases, not worth the paper it is written on. The question is knowing when that is — and when it is not.
Paste any UK contract clause and get a structured risk report — plain English, red flags, enforceability insight, and a suggested counter-proposal.
The legal starting position
UK law begins from the principle that restraints of trade are void. Any clause that restricts what a person can do with their labour is presumed unenforceable unless the party imposing it can demonstrate that the restriction is reasonable — both in the interests of the parties and in the public interest. The burden of proof lies with the employer, not the employee.
Courts assess reasonableness at the time the contract was entered into, not with hindsight. A restriction that seemed proportionate when you joined a small regional firm may look very different after an acquisition — but the courts will assess it against the original circumstances.
What counts as a legitimate business interest?
An employer must identify a specific legitimate interest they are protecting. UK courts recognise two primary categories: trade connections and confidential information.
Trade connections means genuine relationships with clients where your departure would carry a real risk of those clients following you. This is different from general brand exposure. A sales director who manages key accounts has trade connections. A junior analyst who has never spoken to a client may not.
Confidential information means genuinely proprietary knowledge — formulas, pricing strategies, client databases. It does not mean the general skill and expertise you accumulated on the job. You are entitled to take your knowledge with you when you leave. Only true trade secrets attract protection.
Duration and scope: where most clauses fail
Even where a legitimate interest exists, the restriction must go no further than necessary. Most enforceable non-competes in UK employment run for three to six months. Twelve months is achievable for senior roles with genuine client relationships or access to highly sensitive information. Beyond twelve months is exceptional and will face sustained scrutiny. Two-year restrictions on mid-level employees are almost never upheld.
On scope: a blanket prohibition on working in "any competing business" anywhere in the UK is frequently too wide. Courts expect the restriction to be tailored — to the geographic area where you actually worked, to the specific competitors you genuinely threaten, or to the clients you actually managed.
Garden leave and its interaction with non-competes
Courts take into account the period spent on garden leave when assessing whether a non-compete is reasonable. A twelve-month non-compete preceded by six months of garden leave means you are effectively out of the market for eighteen months. That extended period will be scrutinised, and courts may reduce the enforceable duration of the non-compete accordingly.
What to do before you sign
Read the clause carefully and ask yourself whether the restriction would actually prevent you from doing your job in future. Common negotiation asks include limiting geographic scope to regions where you actually work, reducing duration to six months, and replacing a broad industry ban with a list of named competitors. None of these is unreasonable, and most employers will engage with them.